# Can Democrats actually stop the nomination of Brett Kavanaugh? **URL:** \ **Category:** Politics & Elections\ **Created:** [September 4, 2018, 12:49pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733 "2018-09-04T12:49:41Z")\ **Posts on this page:** 20\ **Page:** 15
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [September 6, 2018, 1:53pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/281 "2018-09-06T13:53:56Z")
> [@John\_Mace](#): > > He did not comport himself well during that line of questioning. But I think it was mistake for her to accuse him as she did at the end. I wonder if she actually some info on him or if she is just bluffing. I agree. Which is why I’m currently leaning toward “not bluffing”. Notice how Senator Lee chimes in to object to stop the questioning and hands Kavanaugh exactly what to say to Harris. Which Kavanaugh then uses nearly word for word. ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [September 6, 2018, 1:59pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/282 "2018-09-06T13:59:09Z")
And now [leaked documents](https://www.nytimes.com/2018/09/06/us/politics/kavanaugh-leaked-documents.html) from the pile that the GOP doesn’t want you to see stating that Kavanaugh’s responses stating that he believes Roe v. Wade to be settled law are not what he actually believes. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [September 6, 2018, 2:27pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/283 "2018-09-06T14:27:02Z")
> [@Fiveyearlurker](#): > > And now [leaked documents](https://www.nytimes.com/2018/09/06/us/politics/kavanaugh-leaked-documents.html) from the pile that the GOP doesn’t want you to see stating that Kavanaugh’s responses stating that he believes Roe v. Wade to be settled law are not what he actually believes. Not really. From your cite: > [@](#): > > Judge Kavanaugh was considering a draft opinion piece that supporters of one of Mr. Bush’s conservative appeals court nominees hoped they could persuade anti-abortion women to submit under their names. It stated that “it is widely accepted by legal scholars across the board that Roe v. Wade and its progeny are the settled law of the land.” > > Judge Kavanaugh proposed deleting that line, writing: “I am not sure that all legal scholars refer to Roe as the settled law of the land at the Supreme Court level since Court can always overrule its precedent, and three current Justices on the Court would do so.” > …his email stops short of saying whether he personally believed that the abortion rights precedent should be considered a settled legal issue. This is a nothing burger. ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [September 6, 2018, 2:28pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/284 "2018-09-06T14:28:32Z")
Democrats are right now stating that they will release confidential information and accept the consequences. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [September 6, 2018, 2:34pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/285 "2018-09-06T14:34:03Z")
> [@Fiveyearlurker](#): > > Democrats are right now stating that they will release confidential information and accept the consequences. Yes, I heard this on NPR this morning. I still think that’s more political theater than anything else. I guess we’ll see what the great reveal is if they choose to do so. I can’t fault them for engaging in an act of civil disobedience as long as they are willing to suffer the consequences, one of which might entail being expelled from the Senate. If you’re in a safe state with a Democratic governor, maybe that’s OK. Otherwise it seems needlessly reckless. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [September 6, 2018, 2:52pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/286 "2018-09-06T14:52:43Z")
> [@John\_Mace](#): > > Yes, I heard this on NPR this morning. I still think that’s more political theater than anything else. I guess we’ll see what the great reveal is if they choose to do so. I can’t fault them for engaging in an act of civil disobedience as long as they are willing to suffer the consequences, one of which might entail being expelled from the Senate. If you’re in a safe state with a Democratic governor, maybe that’s OK. Otherwise it seems needlessly reckless. Being expelled from the Senate requires 2/3rds vote (67 Senators), and I’m pretty sure that’s laid out in the Constitution, not the rules of the Senate, so I don’t think they’re actually in any danger. ---
**Author:** ![Blue\_Blistering\_Barnacle](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/blue_blistering_barnacle/32/3386_2.png) [@Blue\_Blistering\_Barnacle](https://boards.straightdope.com/u/Blue_Blistering_Barnacle)\ **Post date:** [September 6, 2018, 2:53pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/287 "2018-09-06T14:53:30Z")
nm ---
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [September 6, 2018, 3:05pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/288 "2018-09-06T15:05:13Z")
> [@Bricker](#): > > The notional Democratic majority in the Senate can block Trump’s nominees with a rules change as long as they remain the majority. > > And why shouldn’t they? This would simply complete the process they started with Bork. But it’s all good. If the voters dislike it, they can undo the decision by electing a GOP majority in 2020. I just read a quick synopsis of the Bork confirmation hearings, and I don’t see anything strange about it. What process was started then that could be finally completed 30 years later? ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [September 6, 2018, 3:13pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/289 "2018-09-06T15:13:41Z")
The process of opposing radical-activist conservative jurists. ---
**Author:** ![Channing\_Idaho\_Banks](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/channing_idaho_banks/32/250_2.png) [@Channing\_Idaho\_Banks](https://boards.straightdope.com/u/Channing_Idaho_Banks)\ **Post date:** [September 6, 2018, 3:26pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/290 "2018-09-06T15:26:43Z")
Orrin Hatch and Brett Kavanaugh positively glowing about the federalist society. Remember when then-nominee [John Roberts denied membership?](https://boards.straightdope.com/sdmb/showthread.php?t=327246&highlight=federalist) ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [September 6, 2018, 4:12pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/291 "2018-09-06T16:12:25Z")
> [@Fiveyearlurker](#): > > And now [leaked documents](https://www.nytimes.com/2018/09/06/us/politics/kavanaugh-leaked-documents.html) from the pile that the GOP doesn’t want you to see stating that Kavanaugh’s responses stating that he believes Roe v. Wade to be settled law are not what he actually believes. Your own cite clarifies that this was not Kavanuagh’s personal ststement of belief that Roe is not settled law. Kavanaugh indicated that not all legal scholars accepted Roe as settled law at the Supreme Court level at the time. Since three sitting justices of the Supreme Court at the time seemed to favor overturning Roe, it seems a factual comment about the state of the legal community in 2003. The article does set the current count as 4, with Kavanaugh being the potential 5th vote to overturn Roe should he be confirmed. But I expect he will evade answering any direct questions about how he might rule in a future case challenging Roe. ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [September 6, 2018, 4:16pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/292 "2018-09-06T16:16:42Z")
> [@iiandyiiii](#): > > Being expelled from the Senate requires 2/3rds vote (67 Senators), and I’m pretty sure that’s laid out in the Constitution, not the rules of the Senate, so I don’t think they’re actually in any danger. It’s Article I, Section 5. Same part that gives each house the right to set it’s own rules. But 2/3 vote to expel a member is black letter constitution. ---
**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\ **Post date:** [September 6, 2018, 4:30pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/293 "2018-09-06T16:30:07Z")
Well, OK, but what does “suspend” mean? Is that within the rules of the Senate, if they suspend a member but do not expel him? Brothers and sisters, pals and gals, this is some hot shit we’re seeing here. The Pubbies want to pretend that their concern, the reason they want to keep documents from us is “national security”. Now, that would be a fair cop, if all of those docs had impact on national security. But if they don’t, that probably means they are hiding something. Yes, likely. Pretty sure. There are procedures available through the National Archives, but the Pubbies don’t want to wait for that, they want to get their guy on the bench, right now, immediately, at once. So, they gambled on a lie. But young Sen Booker has a spine, a sack and a couple of brass balls to carry in it. Good on you, Sen. Booker! _Sic 'em_! ---
**Author:** ![drad\_dog](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@drad\_dog](https://boards.straightdope.com/u/drad_dog)\ **Post date:** [September 6, 2018, 5:23pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/294 "2018-09-06T17:23:56Z")
> [@John\_Mace](#): > > Not really. From your cite: > > This is a nothing burger. This is more the meat > **[Sen. Patrick Leahy Sets ‘Memogate’ Trap for Supreme Court Nominee Brett...](https://www.thedailybeast.com/sen-patrick-leahy-sets-memogate-trap-for-supreme-court-nominee-brett-kavanaugh?ref=scroll)** > > Censored emails show that Judge Brett Kavanaugh lied under oath about receiving stolen Democrat memos in 2003, Leahy says. If true, the consequences could be explosive. It might be best to let him in and impeach later. If they don’t have the votes and know it, this might be the best of all possible worlds for them right now. Just keep saying that phrase “Nothing burger” and it will all turn out OK. Meanwhile there a a lot of mini muellers who know how to sandbag an administration of morons. The main thing is to assemble your case before you even ask for the microphone. Do you think they are not doing this? ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [September 6, 2018, 5:24pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/295 "2018-09-06T17:24:19Z")
So violating the norms is terrible, but actually violating the rules is laudable. The rules of the Senate _don’t_ say they have to vote on a nominee, and darn the Republicans for following the rules. The rules of the Senate _do_ say they need to keep confidential documents confidential, and good for the Democrats for breaking them. Regards, Shodan ---
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [September 6, 2018, 5:29pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/296 "2018-09-06T17:29:08Z")
> [@Shodan](#): > > So violating the norms is terrible, but actually violating the rules is laudable. > > The rules of the Senate _don’t_ say they have to vote on a nominee, and darn the Republicans for following the rules. The rules of the Senate _do_ say they need to keep confidential documents confidential, and good for the Democrats for breaking them. > > Regards, > Shodan I have to agree with this. I’m not seeing what was so great about this clear rule-breaking action. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [September 6, 2018, 5:36pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/297 "2018-09-06T17:36:30Z")
> [@Slash1972](#): > > I have to agree with this. I’m not seeing what was so great about this clear rule-breaking action. Because the Republicans started it by following the rules to their own advantage. So breaking the rules is only tit for tat. Besides, Booker can get away with it. Regards, Shodan ---
**Author:** ![drad\_dog](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@drad\_dog](https://boards.straightdope.com/u/drad_dog)\ **Post date:** [September 6, 2018, 6:00pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/298 "2018-09-06T18:00:07Z")
> [@Shodan](#): > > So violating the norms is terrible, but actually violating the rules is laudable. > > The rules of the Senate _don’t_ say they have to vote on a nominee, and darn the Republicans for following the rules. The rules of the Senate _do_ say they need to keep confidential documents confidential, and good for the Democrats for breaking them. > > Regards, > Shodan The president is not OK in the head. It is a problem. That seems to be the working theory behind releasing something outside of rules. What was the rationale behind “The Garland Ignoration”? Rules get broken in ways we admire all the time. Are you going to pretend that’s not true now? You are committing to be the Rules man for eternity? Just because this thread? These are not comparable situations. ---
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [September 6, 2018, 6:14pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/299 "2018-09-06T18:14:23Z")
> [@drad\_dog](#): > > Rules get broken in ways we admire all the time. Could you list some rules that get broken in ways we admire all the time? ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [September 6, 2018, 6:21pm UTC](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733/300 "2018-09-06T18:21:02Z")
> [@Slash1972](#): > > Could you list some rules that get broken in ways we admire all the time? The press lives on leaks, which someone has to break a rule to give to them. [Previous page](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733.md?page=14) [Next page](https://boards.straightdope.com/t/can-democrats-actually-stop-the-nomination-of-brett-kavanaugh/820733.md?page=16)